1 Case 3:11-cv RBD-TEM Document 364 Filed 09/20/13 Page 1 of 4 PageID PARKERVISION, INC., UNITED STATES DISTRICT COURT JACKSONVILLE DIVISION Plaintiff, v. Case No. 3:11-cv-719-J-37JBT QUALCOMM INCORPORATED, Defendant. / PRETRIAL ORDER 1. Date of Trial. Trial shall commence on Monday, October 7, 2013, at 9:00 a.m. before the undersigned in the United States Courthouse, Courtroom 4A, 401 West Central Blvd., Orlando, Florida. 2. Joint Jury Instructions, Verdict Form, Voir Dire Questions No later than September 27, 2013, if not previously done, the parties shall file a single set of jointly proposed questions for the Court to ask the venire during voir dire, a single set of proposed jury instructions, one as it pertains to liability and a separate set for the damages issue and a single proposed verdict form. Jury instructions shall be based on the Eleventh Circuit Pattern Jury Instructions. A party may include at the appropriate place in the single set of jointly-proposed jury instructions a contested charge, so designated with the name of the requesting party and bearing at the bottom a citation of authority for its inclusion, together with a summary of the opposing party s objection. The Court will deny outright a proposed instruction that is slanted in any way. The Court requires that the parties send to the Chamber's no later than ten (10) days prior to trial the single set of proposed voir dire, proposed jury instructions and proposed verdict form, in Microsoft Word..
2 Case 3:11-cv RBD-TEM Document 364 Filed 09/20/13 Page 2 of 4 PageID Exhibit and Witness Lists. Prior to the date trial commences, each party shall have filed with the Clerk's Office their respective Exhibit List and Witness List, separate from those filed in conjunction with the pretrial statement. In addition, on the date trial commences, each party shall provide three (3) copies thereof to the Courtroom Deputy Clerk in the courtroom at the beginning of the trial. All exhibits are to be pre-marked in accordance with the attached instructions. M.D. Fla. Rule Three notebooks containing the exhibits shall be supplied to the Court at the outset on the day trial commences as follows: 1) original exhibits which include the appropriate colored exhibit tags stapled to the upper right hand corner of the first page; 2) copy of exhibits for the Judge and 3) copy of exhibits for the witness box. The bench and witness sets do not require the exhibits tags however counsel shall use number tabs to tab out the exhibits for quick reference. Joint exhibits which are not objected to shall be introduced and admitted at the outset of the case. a. Exhibits on Disk. The Eleventh Circuit Court of Appeals is now accepting the electronic filing of documents on appeal, which includes exhibits. Therefore, in addition to the above for use at trial, counsel are to submit all exhibits on disk or flash drive to the Courtroom Deputy no later than the conclusion of trial. Each exhibit is to be scanned as a separate document. Counsel are also required to submit a certification that both parties have reviewed the submission and agree to its authenticity (form attached). 4. Courtroom Audio Visual Equipment. A variety of audio visual equipment is available for use by counsel during trial. This includes a document camera, connection for 1 laptops access to the audio visual system, monitors at each counsel table, witness box and jury box. Counsel are advised to contact the courtroom deputy at at least one week 1 Information sheet on laptop access is attached. -2-
3 Case 3:11-cv RBD-TEM Document 364 Filed 09/20/13 Page 3 of 4 PageID prior to trial to arrange a time to become familiar with the availability, operation and compatibility of the courtroom technology systems, should they wish to utilize it. Failure to do so may result in the equipment not being available for use. 5 Exception to Local Rule to Allow Electronic Equipment. For the purpose of scheduled pretrial testing and during trial, counsel for the parties are permitted to enter the courthouse with cellular telephones, laptop computers and electronic equipment. Cellular telephones shall be kept in the vibrate or silent mode, cannot be brought into the courtroom, but may be used outside the courtroom. Additionally, access to the internet via wifi shall be only be by advanced permission by the Court. If granted, the internet shall not be accessed while in the courtroom. The individuals must present valid picture identification and a copy of this Order, upon request, to the Court Security Officers assigned to this facility. 6. Developments in case. Counsel are directed to notify the Court promptly of any development subsequent to the entry of this Order which would in any way affect the trial of the case by calling Virginia Flick, Courtroom Deputy, at th DONE AND ORDERED in Jacksonville, Florida, this 20 day of September, Copies: Counsel of Record -3-
4 Case 3:11-cv RBD-TEM Document 364 Filed 09/20/13 Page 4 of 4 PageID Attachments: Jury Questionnaire Instructions Regarding the Pre-Marking of Exhibits Exhibit Tags Laptop Access Instructions Exhibit Certification -4-
5 Case 3:11-cv RBD-TEM Document Filed 09/20/13 Page 1 of 2 PageID Case No. Juror # Date JUROR QUESTIONNAIRE IN CIVIL CASES - JUDGE DALTON Please answer the following questions truthfully and correctly under penalty of perjury: 1. What is your name? and date of birth? 2. Please describe your current employment, and past work history. 3. What is your educational background (i.e., grade school, high school, college, etc.)? 4. Are you married? Divorced? Separated? Widowed? Single Please describe your spouse or partner s current and past occupation and describe his/her educational background. 5. Do you have any children and if so, what are their ages? If you have any adult children, describe their level of schooling and employment. 6. Have you served in the military? If so, please describe such service.
6 Case 3:11-cv RBD-TEM Document Filed 09/20/13 Page 2 of 2 PageID Have you ever served on a jury before? If so, state how many times; the type of case; whether the trial was in state or federal court; if you reached a verdict and if you were the foreperson. 8. Briefly describe any personal hobbies and/or interests you have. 9. What newspaper and/or magazines do you read regularly? Also, do you have any favorite T. shows and/or websites? 10.. Have you or a close family member ever been a party to a lawsuit (i.e., sued someone or been sued by someone) please describe the circumstances. 11. Do you participate in any organizations or groups (community, social, civic, union, religious, political)? If yes, please state the name of the group and any leadership position held:
7 Case 3:11-cv RBD-TEM Document Filed 09/20/13 Page 1 of 2 PageID UNITED STATES DISTRICT COURT Jacksonville Division The Honorable Roy B. Dalton, Jr. NOTICE TO COUNSEL and UNREPRESENTED PARTIES Instructions Regarding Pre-Marking Exhibits, Preparation of Exhibit Lists, and Substitution of Exhibits: 1 In accordance with Rule 3.07(a), Local Rules, M.D.Fla. ten (10) days prior to trial, the parties shall exchange a list of those exhibits they definitely intend to introduce in evidence at trial (the "A" list), and a list of those exhibits they may seek to introduce at trial (the "B" list). Bench books containing the "A" exhibits shall be supplied to the Court (these are the original exhibits which include the appropriate colored exhibit tags, which are party-specific, stapled to the upper right hand corner of the first page - tags can be found at the bottom of the web-page), for the Judge and Witness Box at the outset of the trial, together with an index and matrix reflecting any objections thereto. The bench and witness sets do not require the exhibits tags however counsel shall use number tabs to tab out the exhibits for quick reference. All exhibits on the "A" list of the presenting party which are not objected to shall be introduced and admitted at the outset of that party's case. All exhibits shall be numbered consecutively, preferably with the "A" list exhibits being numbered first. To avoid duplication of exhibits and to prevent confusion in the record, the parties are encouraged to submit all stipulated exhibits as joint exhibits in a single list rather than individually marked by each party. For example, if medical records or contract documents are being stipulated into evidence they should be marked as a Joint exhibit and not listed separately by both (all) parties. Each parties individual exhibit list would then include only those additional exhibits to which objections have been asserted with the specific objection noted on the exhibit list. For your convenience, attached are copies of Court-approved Exhibit Tags and Exhibit Lists. Exhibit Tags and Exhibits Lists are self-explanatory; however, if you have any questions, please contact Courtroom Deputy Clerk Virginia Flick at 904/ Exhibit Lists and Exhibit Tags are readily capable of reproduction. Unrepresented ( pro se ) parties may obtain additional tags from Ms. Flick. Counsel and pro se parties, if any, are responsible for posting to the attached Exhibit List a complete listing of the exhibit number(s) and a detailed description of each exhibit. On the first day of trial, counsel and pro se parties, if any, shall exchange with each other a copy of their respective Exhibit Lists and their final Witness Lists), and shall also provide THREE (3) COPIES of each list to the Courtroom Deputy Clerk before the commencement of trial. 1 These instructions are not all-inclusive; they are purposely general in nature and intended merely to supplement the Local Rules. Counsel and/or pro se parties are responsible to be completely familiar with and fully comply with the Local Rules. Particular attention is drawn to Rule 5.03 ( Courtroom Decorum ).
8 Case 3:11-cv RBD-TEM Document Filed 09/20/13 Page 2 of 2 PageID Exhibit Substitutes Pursuant to Rule 5.04, Local Rules, M.D.Fla., with respect to sensitive or large physical exhibits (i.e., weapons, narcotics, currency, etc.), you are required to offer photographs which would at the conclusion of the case become the substitute exhibit for maintenance by the Clerk. Rule 5.04 also requires 8½ by 11" reductions to be submitted along with larger-sized documentary or similar exhibits. Unless otherwise ordered by the Court, should an appeal later be filed, the Clerk will send the photographic and/or reduced substitutes (in lieu of the original exhibits) to the Eleventh Circuit Court of Appeals in the record on appeal. Audio and/or Visual Equipment Please note that, while the Court has available audio and visual equipment for use during trials (or evidentiary hearings), counsel or the parties shall notify Courtroom Deputy (Virginia Flick) for arrangement therefor. Notice to request equipment shall be given to the Courtroom Deputy at least one week prior to the commencement of trial.
9 Case 3:11-cv RBD-TEM Document Filed 09/20/13 Page 1 of 5 PageID EXHIBIT LIST PLAINTIFF DEFENDANT JOINT GOVERNMENT COURT CASE NO. STYLE: EXHIBIT NO. DATE IDENTIFIED DATE ADMITTED SPONSORING WITNESSES OBJECTIONS / STIPULATED ADMISSIONS 1 DESCRIPTION OF EXHIBIT 1 Use a code (e.g. A or * ) in this column to identify exhibits to be received in evidence by agreement without objection. Otherwise, specifically state each objection to each opposed exhibit. Please note that each date box on the left must be one inch wide to accommodate the Clerk s date stamp.
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14 Case 3:11-cv RBD-TEM Document Filed 09/20/13 Page 1 of 1 PageID PARKERVISION, INC., UNITED STATES DISTRICT COURT JACKSONVILLE DIVISION Plaintiff, v. Case No. 3:11-cv-719-J-37JBT QUALCOMM INCORPORATED, Defendant. / EXHIBIT CERTIFICATION We, the undersigned hereby certify that the exhibit disk(s)/flash drive submitted to the courtroom deputy are hereby correct and accurate. We acknowledge that the exhibits on the disk(s) will be the official record submitted to the Court of Appeals for the Eleventh Circuit if an appeal is taken. Counsel for Plaintiff(s) Counsel for Defendant(s) Received by Courtroom Deputy: Date: